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Christine Cooper
Christine Cooper
Field Court Chambers
Emma Godfrey
Emma Godfrey
Field Court Chambers
Rebecca Davies
Rebecca Davies
Barrister
Field Court Chambers
Rebecca Handcock
Rebecca Handcock
Barrister
Field Court Chambers
Contributions by Field Court Chambers Experts

135

Accommodating children under section 20—best practice
Accommodating children under section 20—best practice
Practice notes

This Practice Note provides local authorities with best practice guidance on accommodating children pursuant to a voluntary agreement under section 20 of the Children Act 1989 (ChA 1989). It covers the requirements of the section 20 arrangement and the need to avoid drift and delay in making decisions about the child’s long-term care. It also discusses whether claims for damages under the Human Rights Act 1998 on the basis of a breach of article 8 of the European Convention on Human Rights are sustainable.

A buyer is purchasing a property subject to an assured shorthold tenancy in respect of which the seller did not register the deposit within the 30-day prescribed period. Could the deposit be registered now, and the buyer and tenant enter into an agreement not to take action for the seller's failure to register the deposit within the prescribed period, ie can the parties contract out of the statutory requirement?
A buyer is purchasing a property subject to an assured shorthold tenancy in respect of which the seller did not register the deposit within the 30-day prescribed period. Could the deposit be registered now, and the buyer and tenant enter into an agreement not to take action for the seller's failure to register the deposit within the prescribed period, ie can the parties contract out of the statutory requirement?
Q&As

A commercial unit has suffered damage due to water ingress, caused by a leak from a residential property above. Where both tenants have the same direct landlord, would the tenant of the commercial unit claim against its landlord, requiring it to enforce the covenants in the residential tenant’s lease, rather than claim against the residential tenant?
A commercial unit has suffered damage due to water ingress, caused by a leak from a residential property above. Where both tenants have the same direct landlord, would the tenant of the commercial unit claim against its landlord, requiring it to enforce the covenants in the residential tenant’s lease, rather than claim against the residential tenant?
Q&As

A final charging order has been obtained and registered against the debtor’s property. Before applying for an order for sale, is it possible to apply to the court for an order to obtain information regarding the outstanding amount of a prior registered charge in respect of a loan between the debtor and his father, as no details are available on the Land Register and the parties to the loan will not disclose any information?
A final charging order has been obtained and registered against the debtor’s property. Before applying for an order for sale, is it possible to apply to the court for an order to obtain information regarding the outstanding amount of a prior registered charge in respect of a loan between the debtor and his father, as no details are available on the Land Register and the parties to the loan will not disclose any information?
Q&As

A landlord and a tenant are in dispute about whether the tenant’s current use of the premises is permitted by the user clause in the lease. The landlord proposes to vary the user clause to reflect the tenant’s current use of the premises but the tenant opposes this because it believes that it is not in breach of the user clause and also because the variation could lead to an increase in rent upon review. Is this a dispute that could be referred to a professional arbitration on court terms expert or arbitrator?
A landlord and a tenant are in dispute about whether the tenant’s current use of the premises is permitted by the user clause in the lease. The landlord proposes to vary the user clause to reflect the tenant’s current use of the premises but the tenant opposes this because it believes that it is not in breach of the user clause and also because the variation could lead to an increase in rent upon review. Is this a dispute that could be referred to a professional arbitration on court terms expert or arbitrator?
Q&As

A landlord has let a first floor flat to a tenant under an assured shorthold tenancy (AST) in 2014 (A). The ground floor is also owned by the landlord and is let to the landlord’s son (B). Around six months ago, with the full approval of A, the internal staircase was removed and an external staircase constructed outside, giving A his own dedicated access. Both (now completely separate) properties still carry the same address (say, No 4, X Street—not split into 4a and 4b). The first floor property has no letterbox and so post is delivered through the letterbox of the ground floor flat, and B takes post addressed to A up the staircase and leaves it through A’s door, for which B has a key. The AST provides for service of notices by post. Would delivery by this method constitute good service?
A landlord has let a first floor flat to a tenant under an assured shorthold tenancy (AST) in 2014 (A). The ground floor is also owned by the landlord and is let to the landlord’s son (B). Around six months ago, with the full approval of A, the internal staircase was removed and an external staircase constructed outside, giving A his own dedicated access. Both (now completely separate) properties still carry the same address (say, No 4, X Street—not split into 4a and 4b). The first floor property has no letterbox and so post is delivered through the letterbox of the ground floor flat, and B takes post addressed to A up the staircase and leaves it through A’s door, for which B has a key. The AST provides for service of notices by post. Would delivery by this method constitute good service?
Q&As

A landlord serves a section 25 notice stating that the landlord does not oppose renewal of the lease. Can the landlord subsequently (in negotiations) ask for a higher rent than that contained in the section 25 notice?
A landlord serves a section 25 notice stating that the landlord does not oppose renewal of the lease. Can the landlord subsequently (in negotiations) ask for a higher rent than that contained in the section 25 notice?
Q&As

A lease has been forfeited by court order and a possession order obtained. Can the locks be changed even if the former tenant objects, or is a writ/warrant needed to prevent an offence under section 6 of the Criminal Law Act 1977 if the tenant is at the property?
A lease has been forfeited by court order and a possession order obtained. Can the locks be changed even if the former tenant objects, or is a writ/warrant needed to prevent an offence under section 6 of the Criminal Law Act 1977 if the tenant is at the property?
Q&As

A lender has asked for a statutory declaration to confirm the use of a mortgaged property, and are refusing to accept a statement of truth. However, the client is infirm and getting to a commissioner for oaths is difficult. Is there any legislation that provides that a statement of truth is as good as a statutory declaration?
A lender has asked for a statutory declaration to confirm the use of a mortgaged property, and are refusing to accept a statement of truth. However, the client is infirm and getting to a commissioner for oaths is difficult. Is there any legislation that provides that a statement of truth is as good as a statutory declaration?
Q&As

A rents a domestic garage to B. There is no tenancy agreement, but rent is paid monthly. Rent has not been paid for over a year, a notice to quit has been served but not complied with, and the garage remains full of B’s possessions. Can A simply take back possession of the garage or is a court order required, and does the procedure under the Torts (Interference with Goods) Act 1977 procedure have to be followed in respect of the goods?
A rents a domestic garage to B. There is no tenancy agreement, but rent is paid monthly. Rent has not been paid for over a year, a notice to quit has been served but not complied with, and the garage remains full of B’s possessions. Can A simply take back possession of the garage or is a court order required, and does the procedure under the Torts (Interference with Goods) Act 1977 procedure have to be followed in respect of the goods?
Q&As

A requires access to B's land in order to carry out building works on A's land. B refuses permission. What are A's options (if any) in order to obtain access?
A requires access to B's land in order to carry out building works on A's land. B refuses permission. What are A's options (if any) in order to obtain access?
Q&As

After expiry of a fixed term assured shorthold tenancy (AST), if the landlord serves a section 21 notice giving two months’ notice, is a tenant still entitled to at any point give one-month notice to quit? For example, if an AST came to an end at the end of January and landlord served a section 21 notice, could the tenant decide that they want to move out sooner and just serve a notice to quit (rent payments are monthly)?
After expiry of a fixed term assured shorthold tenancy (AST), if the landlord serves a section 21 notice giving two months’ notice, is a tenant still entitled to at any point give one-month notice to quit? For example, if an AST came to an end at the end of January and landlord served a section 21 notice, could the tenant decide that they want to move out sooner and just serve a notice to quit (rent payments are monthly)?
Q&As

An occupier of residential property is granted a 12-month fixed term ‘licence’. If the ‘licence’ includes a clause purporting to automatically renew the licence for a further 12-month term unless the ‘tenant’ serves three months’ notice on the ‘landlord’ to terminate the licence on expiry of the initial fixed term: would such a clause be valid? and is such a clause an unfair contract term?
An occupier of residential property is granted a 12-month fixed term ‘licence’. If the ‘licence’ includes a clause purporting to automatically renew the licence for a further 12-month term unless the ‘tenant’ serves three months’ notice on the ‘landlord’ to terminate the licence on expiry of the initial fixed term: would such a clause be valid? and is such a clause an unfair contract term?
Q&As

Are there any differences in the procedure for forfeiting a residential lease when it is held by a limited company rather than an individual?
Are there any differences in the procedure for forfeiting a residential lease when it is held by a limited company rather than an individual?
Q&As

Can a claim on Money Claim Online be filed, but not issued?
Can a claim on Money Claim Online be filed, but not issued?
Q&As

Can a defendant recover their costs of a successful strike out application in a small claims track case or is it necessary to demonstrate that there has been unreasonable conduct?
Can a defendant recover their costs of a successful strike out application in a small claims track case or is it necessary to demonstrate that there has been unreasonable conduct?
Q&As

Can a headlease be forfeited by re-entry (due to the tenant being in arrears of rent) when there is a subtenant in lawful occupation? What is the effect on the subtenant and who can it claim against for damages for any loss of business/interruption?
Can a headlease be forfeited by re-entry (due to the tenant being in arrears of rent) when there is a subtenant in lawful occupation? What is the effect on the subtenant and who can it claim against for damages for any loss of business/interruption?
Q&As

Can a landlord exclude itself from relying upon one or more grounds for opposition contained in section 30(1) of the Landlord and Tenant Act 1954 by covenanting in the lease not to terminate a lease on (for instance) redevelopment grounds?
Can a landlord exclude itself from relying upon one or more grounds for opposition contained in section 30(1) of the Landlord and Tenant Act 1954 by covenanting in the lease not to terminate a lease on (for instance) redevelopment grounds?
Q&As

Can a landlord include in a claim against a former assured shorthold tenant, for damage to the property, a claim for time spend cleaning and decorating? If so how dothey quantify the value of their time?
Can a landlord include in a claim against a former assured shorthold tenant, for damage to the property, a claim for time spend cleaning and decorating? If so how dothey quantify the value of their time?
Q&As

Can a local authority use a private company to enforce byelaws on a country park, or can this only be done by a Traffic Regulation Order and delegation of powers?
Can a local authority use a private company to enforce byelaws on a country park, or can this only be done by a Traffic Regulation Order and delegation of powers?
Q&As

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